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Massachusetts Dismissal Law
 

Rueli v. Baystate Health, Inc.

Plaintiffs are a putative class
of unionized nurses who sued their employer in state court for
unpaid wages and overtime pay for work performed outside their
approved shifts. Their employer removed the case to federal court,
citing the doctrine of complete preemption, under which claims
requiring interpretation of a collective bargaining agreement
("CBA") are reclass... More...
   $0 (08-23-2016 - MA)

COMMONWEALTH OF MASSACHUSETTS vs. JAHMAL BRANGAN

On March 13, 2015, a jury convicted the defendant of armed robbery while masked, in violation of G. L. c. 265, § 17. During closing argument, the defendant objected to a series of the prosecutor's statements, and at its conclusion moved for a mistrial, claiming that those statements constituted prejudicial error. The trial judge, who had given curative instructions in response to the defendant'... More...   $0 (08-13-2016 - MA)

Commonwealth v. Boyd

The defendant, Michael Boyd, was convicted on
counts of an indictment charging two sentencing enhancements,
one as a second-time offender, see G. L. c. 269, § 10 (d), and
one under the Massachusetts armed career criminal (ACC) statute,1
see G. L. c. 269, § 10G (c), both premised on an underlying
conviction of unlawful possession of a sawed-off shotgun, in
violation of... More...
   $0 (04-10-2016 - MA)

Commonwealth v. Mazariego

The defendant was convicted of murder in the
first degree on a theory of felony-murder, based on the
predicate felony of aggravated rape. He also was convicted of
aggravated rape, and he was sentenced to concurrent terms of
life in prison. On appeal, the defendant asserts error in (1)
the denial of his motion for a required finding of not guilty;
(2) the denial of h... More...
   $0 (03-31-2016 - MA)

ELBA SALDIVAR v. DANIEL RACINE; THE CITY OF FALL RIVER

The allegations set forth in Saldivar's complaint1 are
very disturbing. As we are reviewing a dismissal for failure to
state a claim, we accept the complaint's factual allegations as
true and draw all reasonable inferences from those facts in favor
of Saldivar. In early June 2011, Elba Saldivar, a resident of Fall
River, contacted the Fall River Police Department and rep... More...
   $0 (03-29-2016 - MA)

Commonwealth v. Sylvain

Relying on advice from his attorney that a plea
agreement would not result in his deportation, the defendant,
who is not a citizen of the United States, pleaded guilty to one
count of possession of cocaine.1 The attorney's advice was
incorrect, and Federal authorities eventually placed the
defendant in a removal proceeding. The defendant moved to
vacate his guilty ... More...
   $0 (03-14-2016 - MA)

American Steel Erectors, Inc. v. Local Union No. 7

As we explained in ASE I, the structural steel industry
is comprised of steel fabricators, who manufacture steel products
to meet design specifications, and steel erectors, who assemble
the fabricated steel. When a developer or owner taps a general
contractor to lead the construction of a building, that general
contractor typically solicits bids for a combined "fab and er... More...
   $0 (02-26-2016 - MA)

Clark v. Leisure Woods Estates, Inc.

This appeal involves a series of landlord tenant disputes in the manufactured housing context. The plaintiffs, residents of Leisure Woods Estates (Leisure Woods),
a manufactured housing community in Orange, filed a complaint
alleging that the defendant, Leisure Woods Estates, Inc., which
owns, operates, and maintains Leisure Woods, failed to properly
maintain and repair the co... More...
   $0 (02-23-2016 - MA)

Hamrick v. Glaxosmithkline, PLC

In reviewing the district court's summary judgment
determination that no rational jury could find that Hamrick's
whistleblowing activity was the cause of his termination, we
"consider[] the record and all reasonable inferences therefrom in
the light most favorable" to Hamrick. Soto-Feliciano v. Villa
Cofresí Hotels, Inc., 779 F.3d 19, 22 (1st Cir. 2015) (alteration
i... More...
   $0 (02-18-2016 - MA)

Skawski v. Greenfield Investors Property Development LLC

The defendant, Greenfield Investors Property
Development LLC4 (developer), seeks to build a retail development
of not more than 135,000 square feet of commercial space in
Greenfield (project). On May 17, 2011, the planning board of
Greenfield (planning board) granted a special permit in favor of
the developer to construct the project, subject to various
conditions. ... More...
   $0 (02-11-2016 - MA)

Commonwealth v. Dame

Clara Provost (victim) was brutally murdered in
the bedroom of her apartment sometime after 10:30 P.M. on
January 6 or early in the morning hours of January 7, 1974. The
subsequent police investigation focused on several potential
suspects. A year of investigation produced a circumstantial but
not very strong case against the defendant, including a brief
prior dati... More...
   $0 (02-03-2016 - MA)

Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In this case we consider whether an actionable conflict of interest arises under Mass. R. Prof. C. 1.7, as
appearing in 471 Mass. 1335 (2015), when attorneys in different offices of the same law firm simultaneously represent business competitors in prosecuting patents on similar inventions, without informing them or obtaining their consent to the simultaneous representation. The plaintiff, C... More...
   $0 (12-23-2015 - MA)

Saia v. Bay State Gas Co

The plaintiff appeals from a judgment of dismissal contending, as she did below, that a transaction involving the lease of a water heater was actually a credit sale in disguise, and, consequently, that the defendant's failure to
make certain required disclosures amounted to common-law misrepresentation and a violation of G. L. c. 93A. Guided by
Silva v. Rent-A-Center, Inc., 454 Mass. 6... More...
   $0 (12-16-2015 - MA)

Commonwealth v. Hardin

The Commonwealth and the defendant agree that the grounds on which a judge of the Boston Municipal Court
dismissed two counts of the complaint against the defendant were invalid. The defendant nonetheless contends that the dismissal should be affirmed, based on his claim (raised for the first time in his appellate brief) that the complaint was deficient on its face. To be specific, the defe... More...
   $0 (12-07-2015 - MA)

Wilder v. United States of America

The facts surrounding Wilder's underlying conviction are
set forth in our prior opinion. Wilder, 526 F.3d at 3–5. We
summarize only the facts relevant to this appeal.
On December 1, 2009, Wilder filed a motion under 28
U.S.C. § 2255 seeking to vacate his conviction on numerous grounds.
On May 14, 2012, Judge O'Toole denied the motion, with the
exception of two cons... More...
   $0 (11-20-2015 - MA)

Commonwealth v. Mogelinkski

On May 10, 2011, delinquency complaints were filed against the defendant alleging
two counts of rape of a child under sixteen, G. L. c. 265, § 23,
and three counts of indecent assault and battery of a child
under fourteen, G. L. c. 265, § 13B. The defendant was then
less than two weeks shy of his eighteenth birthday. A summons issued on May 11, 2011, ordering the defendant t... More...
   $0 (11-14-2015 - MA)

Commonwealth v. Everett

The Commonwealth appeals from an order dismissing -– over objection -- a legally valid criminal complaint that charged the defendant with operating a motor vehicle after his license had been revoked, subsequent offense, G. L. c. 90, § 23.1 The Commonwealth contends, and we agree, that here the judge, sitting in the Boston Municipal Court, lacked the authority to dismiss the complaint. For his p... More...   $0 (11-03-2015 - MA)

Commonwealth of Massachusetts v. Packer

The family. At the time of the incident, the daughter lived with her father, the defendant, and the
daughter's eight year old half-sister (born of the father and the defendant). The father and the defendant were married, and the jury reasonably could have inferred that the couple had been
together for at least eight years (the age of the half-sister).1 The father was never married to t... More...
   $0 (10-27-2015 - MA)

Custody of Victoria

The child in this case, Victoria,4 was born in
Mexico in 1997. She moved with her mother to Texas when she was
six years old, returned to Mexico to live with her maternal
grandmother when she was ten years old, and moved again to Texas
to live with her mother and stepfather when she was thirteen
years old. When Victoria was fourteen years old, in 2012, she
reported ... More...
   $0 (10-21-2015 - MA)

Nina Shervin v. Partners Healthcare System, Inc.

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent o... More...
   $0 (10-13-2015 - MA)

Nina Shervin, M.D. v. Partners Healthcare System, Inc.

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent on vindic... More...
   $0 (10-12-2015 - MA)

Commonwealth v. Henry

According to the application for the first
complaint, on July 29, 2004, Yarmouth police officer Sean Brewer
was dispatched to the home of Robin Edwards. Edwards reported
that she had an active restraining order against the defendant,
who is her former boy friend and the father of her son. The
restraining order in question, which included a no-contact
provision, had... More...
   $0 (10-03-2015 - MA)

William Cossart v. United Excel Corporation and Ky Hornbaker

This case presents a question
about the limits of personal jurisdiction. The issue arises in
connection with a lawsuit brought in Massachusetts concerning an
alleged breach of an employment contract. The contract
contemplated that the employee would work from Massachusetts for
a Kansas company, which then facilitated the employee's work from
Massachusetts by, among other th... More...
   $0 (09-30-2015 - MA)

United States of America ex rel. Jeffrey D'Agostino v. Eva, Inc.

Plaintiff-appellant Jeffrey D'Agostino (the relator) challenges both the dismissal of his qui
tam action and the antecedent denial of leave to further amend his
complaint. For obvious reasons, we consider the second challenge
first. That challenge rests in part on a novel interpretation of
the 2009 amendments to Rule 15 of the Federal Rules of Civil
Procedure. While we reject t... More...
   $0 (09-30-2015 - MA)

Merchants Insurance Group v. Spicer

On December 30, 2011, Joel Estaban Perez was
seriously injured while working for Kevin Spicer, doing business
3 Established by St. 1985, c. 572, § 55, the Fund "provide[s], among other things, a source of payment for an employee who suffers a work-related injury while working for an employer who does not have workers' compensation insurance in violation" of G. L. c... More...
   $0 (09-09-2015 - MA)

Coghlin Electrical Contractors, Inc. v. Gilbane Building Co

This case requires us to resolve three issues
regarding a public construction contract that implements the
construction management at risk delivery method, pursuant to
G. L. c. 149A: (1) Does the owner who furnishes the plans and
specifications in a public construction management at risk
project give an implied warranty of their sufficiency for the
purpose intended,... More...
   $0 (09-02-2015 - MA)

Laura Sheedy v. Deutsche Bank National Trust Company

This case involves an attempt
by a Chapter 13 debtor to avoid foreclosure on her residential
mortgage through a lender liability suit in an adversary proceeding
within her bankruptcy case. Agreeing with the bankruptcy court, we
find all claims to be either time-barred or without merit, and
therefore affirm its grant of summary judgment in favor of the
creditors.
I. Back... More...
   $0 (09-01-2015 - MA)

Commonwealth v. Melucci

The defendants were arraigned in April, 2013,
and the cases were scheduled for probable cause hearings in
June, 2013. After requests for a continuance made by defense
counsel, the probable cause hearings were rescheduled for
August, 2013. Due to court congestion in August, 2013, the
hearings were continued to September, 2013. At the September,
2013, hearing date, ... More...
   $0 (08-31-2015 - MA)

Bais Yaakov of Spring Valley v. ACT, Inc.

On certified interlocutory
review under 28 U.S.C. § 1292(b), we hold that a rejected and
withdrawn offer of settlement of the named plaintiff's individual
claims in a putative class action made before the named plaintiff
moved to certify a class did not divest the court of subject matter
jurisdiction by mooting the named plaintiff's claims.
I. Background
ACT, Inc., is a... More...
   $0 (08-21-2015 - MA)

First Bostonview Management, LLC v. Bostonview Corporation

The plaintiff, First Bostonview Management, LLC (First Bostonview), appeals from the judgment entered pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), after the allowance of the summary judgment motion by the defendant, Bostonview Corporation (Bostonview), a charitable corporation, on First Bostonview's claims stemming from its attempt to purchase substantially all of Bostonview's real prope... More...   $0 (08-24-2015 - MA)

JOHN J. SULLIVAN vs. GARY RODEN

Sullivan delivered a letter that he had written to Nelia Sousa, a female correction officer. In the letter, Sullivan stated that he had developed "an attraction" to Sousa, described their interactions as "courting," requested that she move him into her unit so they
1 Individually and in his capacity as superintendent of Massachusetts Correctional Institution at Norfolk (MCI-Norfolk). 2 In... More...
   $0 (08-22-2015 - MA)

Gareth Francis v. Christopher Maloney and Charles E. Samuels, Jr.

Although the parties present this
case as implicating a question of due process, it ultimately turns
on our inability to provide the petitioner with the relief that he
seeks. Petitioner Gareth Francis brought this 28 U.S.C. § 2241
habeas corpus petition after he was released from federal custody.
In the district court, he argued that the Bureau of Prisons ("BOP")
violated h... More...
   $0 (08-19-2015 - MA)

Timothy W. Hill v. State Street Corporation

This appeal arises out of the settlement of a securities class action brought on behalf of all who purchased the common stock of State Street Corporation during a period of just over three years. In settling the case, the lead plaintiff and plaintiff's counsel agreed with defendants that some class members would be deemed uninjured, and that others who were injured in amounts less than $10.00 woul... More...   $0 (07-24-2015 - MA)

Sirva Relocation, LLC v. Golar Richie

In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court enunciated a doctrine of abstention. Fidelity to that doctrine requires federal courts, in the absence of extraordinary circumstances, to refrain from interfering with certain state proceedings. See id. at 43-45. The Supreme Court recently revisited the Younger doctrine, clarified its operation, and narrowed its scope. See Sprint Commc'ns... More...   $0 (07-20-2015 - MA)

Commonwealth of Massachusetts v. Walte rKomnunus

On appeal from his conviction of trafficking in
cocaine in violation of G. L. c. 94C, § 32E(b)(1), the defendant
claims error in the denial of his motion to suppress evidence
2
seized from his apartment following a warrantless entry by
police. We conclude that the motion judge correctly denied the
defendant's motion to suppress, and affirm the judgment.
1
Backgrou... More...
   $0 (06-30-2015 - MA)

Carter's of New Beford, Inc. d/b/a Carter's Clothing and Footware v. Nike, Inc. and Nike USA, Inc.

This case arises out of a
contract dispute between Plaintiff-Appellant Carter's of New
Bedford, Inc. ("Carter's"), a family-owned retail clothing and
footwear business with two stores in Massachusetts, and Defendant-
Appellee Nike, Inc. ("Nike"). In an attempt to stop Nike from
terminating the parties' business relationship, Carter's filed suit
in Massachusetts state court,... More...
   $0 (06-25-2015 - MA)

Denis Murray v. Kindred Nursing Centers West, LLC

Denise Murray portrays herself as
a whistleblower and charges that her quondam employer, Kindred
Nursing Centers West LLC (Kindred), fired her on that account.
Kindred denies this charge, asserting that it terminated Murray's
employment for a legitimate, nondiscriminatory reason: suspected
drug diversion. The district court assiduously sorted through the
evidence supporting... More...
   $0 (06-10-2015 - MA)

Hyannis Marina, Inc. v. Angela M. O'Connor

Massachusetts Department of Public Utilities; JOLETTE A.
WESTBROOK, in her official capacity as Commissioner of the
Massachusetts Department of Public Utilities; ROBERT HAYDEN, in
his official capacity as Commissioner of the Massachusetts
Department of Public Utilities; JUDITH JUDSON, in her official
capacity as Commissioner of the Massachusetts Department of
Energy Resourc... More...
   $0 (05-18-2015 - MA)

United States of America v. Dzhokhar Tsarnaev

Boston, MA - The United States of America charged Dzhokhar Tsarnaev, age 21, with thirty felonies including three murder counts in conjunction with the 2013 Boston Marathon bombing that killed three and injured 264 others.

The defense team admitted that he committed the crimes but sought to minimized the punishment based on the Defendant's youth.

The following counts were filed b... More...
   $0 (05-16-2015 - MA)

United States of America v. Daniel E. Carpenter

We opine for the third time on the United States' prosecution of Daniel Carpenter for mail and
wire fraud in connection with his mishandling of client escrow
funds. In 2007, we affirmed a district court order setting aside
a jury verdict of guilty in favor of a new trial. United States v.
Carpenter, 494 F.3d 13 (1st Cir. 2007). In 2013, after a second
jury also found Carpenter ... More...
   $0 (04-01-2015 - MA)

 
 
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